If my mother-in-law abandoned her home and it’s in bankruptcy is there anything I can do to get it in my name? 12 Answers as of October 16, 2014

Mother-in-law fell ill and moved in with her son we have lived in the home for 2-3 years with two kids it’s in bankruptcy and we are making payments and lot rent. She notified us Thursday that she would be moving out and did the following day with no specific instruction on what is going to happen to us. If she passes we are concerned that we will be destitute and no place to go. We don't know what to do.

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EDWARD P RUSSELL | EDWARD P RUSSELL
I assume that she did not sign a reaffirmation agreement during the bankruptcy. As long as the mortgage payments are made the mortgage cannot foreclose.
Answer Applies to: Minnesota
Replied: 10/16/2014
Ronald K. Nims LLC | Ronald K. Nims
If you're mother in law filed bankruptcy, then she can't transfer any property and will probably lose the home in the bankruptcy. If she doesn't lose the home in the bankruptcy, she can transfer it to you after the bankruptcy is closed.
Answer Applies to: Ohio
Replied: 10/13/2014
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
She will need to sign papers putting the mobile home in your name.
Answer Applies to: Colorado
Replied: 10/9/2014
Stephens Gourley & Bywater | David A. Stephens
The answer depends on a lot of things. First, did your mother claim the home as exempt in the bankruptcy? Second, who holds the mortgage? Third, is there any equity? If she did not claim it as exempt and there is equity, you would have to purchase it from the trustee. If she claimed it as exempt and no one objects she can quitclaim the house to you, subject to the mortgage.
Answer Applies to: Nevada
Replied: 10/8/2014
Mauritz Van Niekerk, Attorneys at Law
Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
Why does she not sign it over to you guys?
Answer Applies to: New York
Replied: 10/8/2014
    Moore Taylor Law Firm, P.A.
    Moore Taylor Law Firm, P.A. | Jane Downey
    If there has been no foreclosure you can talk to her about deeding the property to you and you can take over the debt.
    Answer Applies to: South Carolina
    Replied: 10/8/2014
    D.J. Rausa, Attorney at Law | D.J. Rausa
    If we assume that there is an existing mortgage, then you would have to pay the mortgage off by refinance or by obtaining your own mortgage.
    Answer Applies to: California
    Replied: 10/8/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    If the home is in bankruptcy, title to it cannot be transferred to you or anyone else without court approval. I have no way to know if the bankruptcy court will be taking the property to be used to pay off your mother in laws debts or not. While your financial circumstances are unfortunate, we cannot expect family to support us once we have attained the age of 18 & it is unrealistic for you to expect that your mother in law hand over title to her property to you.
    Answer Applies to: Nevada
    Replied: 10/8/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You need to see A lawyer. There are several issues here including probate.
    Answer Applies to: California
    Replied: 10/8/2014
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    There are too many variables here to provide a short answer. It depends on what chapter she filed; whether or not the property has equity; what she indicated in her filing that she planned to do with the property and what the lender plans to do with the property (foreclose or continue to take payments from you). You should sit down with an attorney to go through all of the possibilities.
    Answer Applies to: California
    Replied: 10/8/2014
    Rosenberg & Press
    Rosenberg & Press | Max L. Rosenberg
    You should start looking for a good rental.
    Answer Applies to: Connecticut
    Replied: 10/8/2014
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